Swift Advances. Secured Loan Charges reclaim

[Sparkie1723]

I am trying to folow this thread. At the moment I have just found out that as a result of Swift Advances reporting to equifax and neglecting to mention the time order and reduction I won against them in 2009 feb my wife's perfect credit rating is now so bad we have had to put our house on the market to get out of the swift loan. The time order proved an expensive route even though I won because they charged me via Eastern plus they hired lawyers which I was forced to pay for. Something like £3500 was added plus the credit rating problem makes me feel desperate. At 69 I could do without this. I have witness statements signed by Mark White if anyone's interested

 

Hi Joesmylandlord,

 

The charges made via Eatsern Counselling were levied by an unlicensed trading style and were criminally applied write to Swift Advances plc and tell them... demand them back with interest at contract rate...include this in your section 140 claim so the Courts knows about it.

The OFT have confirmed that this trading style was dropped by Swift Advances plc in 1996 and is since then been unlicensed ........refer to setion 39 (2) of the CCA 1974 amended 2006,that is a criminal offence and the Court can rule it so.

 

PS would like a copy of Mark Whites witness statement if possible ..would come in very handy

sparkie

[JOES MY LANDLORD]

I can scan them and send but to where?

[email protected]

[pkelly]

here is a quote from a case of Wilson V Secretary of state - a law that has been argued through appeal courts and been accepted as precedent

Quote:

175. The present is said to be an example of that kind of case. Since my noble and learned friend Lord Nicholls of Birkenhead has given a full account of the facts, I need mention only the most important. In 1999 Mrs Wilson entered into a loan agreement with First County Trust Ltd ("First County"). The agreement was regulated by the Consumer Credit Act 1974 ("the 1974 Act"). Mrs Wilson pawned her BMW car as security. Under section 61(1)(a), if the debtor has not signed a document in the prescribed form containing all the prescribed terms, the agreement is "not properly executed", with the result that it "is enforceable against the debtor or hirer on an order of the court only": section 65(1). More particularly, in terms of section 127(3), if an agreement does not contain all the prescribed terms, the court is not to make an enforcement order unless the debtor has signed a document which does contain all the prescribed terms. Mrs Wilson's position was that the document in the prescribed form which she signed did not show the correct "amount of the credit", one of the prescribed terms. Moreover, she had signed no other document containing the prescribed terms. As a result, by reason of section 127(3) the court would not be able to make an enforcement order.

[pkelly]

http://www.freshclaims.co.uk/unenforceable-credit-agreements.html

 

Failure to disclose commissions and fees

Where a lender pays commission to a broker or other financial introducer the sums paid to the introducer should be disclosed on the loan agreement under the heading total charges for the credit. If the lender has failed to disclose the broker’s commission as part of the total charge to you for the credit then the agreement may be unenforceable.

[welshperson3]

http://www.freshclaims.co.uk/unenforceable-credit-agreements.html

 

Failure to disclose commissions and fees

Where a lender pays commission to a broker or other financial introducer the sums paid to the introducer should be disclosed on the loan agreement under the heading total charges for the credit. If the lender has failed to disclose the broker’s commission as part of the total charge to you for the credit then the agreement may be unenforceable

 

 

Watch out for the word may in the above paragraph, it is only a secret commission if it is totally undisclosed and most lenders have put in the agreement terms we may pay your broker a commission if this is in your terms then you do not have a full secret commission, although you do have a claim for the repayment of this commission, but it will not make the loan unenforceable.

[frettful38]

Good advice WP3, I have an undisclosed commission payment, and my terms and conditions read that my lender will USUALLY pay the broker a commission for introducing the borrower to the lender, so I can expect to get that payment plus interest back..........but I also have a good case for unfair terms in my agreement on top of the undisclosed commission payment.

[welshperson3]

frettfull most of the issues u have with blamain i have and will be raising them in court.

first court appearance today ay 2 clock, but also the issues i raise might set a precedence for all lenders.

 

wp3

[frettful38]

I wish you the very best of luck WP3 and hope you return with a BIG SMILE on your face. Please let us know how you get on.

 

Something to look forward to today hey? Great news I hope.

 

GOOD LUCK!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[cas14]

Hi Sparkie in your last reply to my thread on the 30th July which I am only getting to reply to now you say that you were just back from Northern Ireland. Could you please point me in the direction of someone who could help me in Northern Ireland as that is where I am from. At the minute I am awaiting a response from Swift with regards to the figures I provided them in which I have calculated that I have been overcharged by nearly £17,500.00. In their last correspondence to me on the 9th July 2010 they said that they would have their investigation finished and a reply to me by the 20th August 2010. I also looked up on the OFT registrar for the company who sold me the mortgage who was First Class Mortgages and they do not appear on the registrar. I understand that they went out of business in January 2007 according to Swift. Grateful for any help

[Sparkie1723]

http://www.freshclaims.co.uk/unenforceable-credit-agreements.html

 

Failure to disclose commissions and fees

Where a lender pays commission to a broker or other financial introducer the sums paid to the introducer should be disclosed on the loan agreement under the heading total charges for the credit. If the lender has failed to disclose the broker’s commission as part of the total charge to you for the credit then the agreement may be unenforceable

 

 

Watch out for the word may in the above paragraph, it is only a secret commission if it is totally undisclosed and most lenders have put in the agreement terms we may pay your broker a commission if this is in your terms then you do not have a full secret commission, although you do have a claim for the repayment of this commission, but it will not make the loan unenforceable.

 

Swift have this word "May" in their additional information...but I have it sworn by Mark White under oath nand the judgement summary to confirm this " Swift Advances do not pay commissin as such nor do they have any agents" I have the evidence that proves he "misled" the court... ( tongue in cheek )....on both counts..........that can be construed as a deliberate attempt to conceall the truth.

 

sparkie

[lesterlass]

WP3 how did you get on in court?

 

LL

[welshperson3]

WP3 how did you get on in court?

 

LL

 

dint want to hijact this thread but it went as expected ( OK ) ihave posted what happend on my thread click on the link below.

 

sub-prime lender (blamain finance) 140A Unfair relationship -started court proceedings

 

 

wps

[pkelly]

Hi Sparkie in your last reply to my thread on the 30th July which I am only getting to reply to now you say that you were just back from Northern Ireland. Could you please point me in the direction of someone who could help me in Northern Ireland as that is where I am from. At the minute I am awaiting a response from Swift with regards to the figures I provided them in which I have calculated that I have been overcharged by nearly £17,500.00. In their last correspondence to me on the 9th July 2010 they said that they would have their investigation finished and a reply to me by the 20th August 2010. I also looked up on the OFT registrar for the company who sold me the mortgage who was First Class Mortgages and they do not appear on the registrar. I understand that they went out of business in January 2007 according to Swift. Grateful for any help

 

is this the company

 

FIRST CLASS MORTGAGES LIMITED

3 FIELD COURT

GRAY'S INN

LONDON

WC1R 5EF

[pkelly]

Hi Sparkie in your last reply to my thread on the 30th July which I am only getting to reply to now you say that you were just back from Northern Ireland. Could you please point me in the direction of someone who could help me in Northern Ireland as that is where I am from. At the minute I am awaiting a response from Swift with regards to the figures I provided them in which I have calculated that I have been overcharged by nearly £17,500.00. In their last correspondence to me on the 9th July 2010 they said that they would have their investigation finished and a reply to me by the 20th August 2010. I also looked up on the OFT registrar for the company who sold me the mortgage who was First Class Mortgages and they do not appear on the registrar. I understand that they went out of business in January 2007 according to Swift. Grateful for any help

 

would it have been a swift 1st loan you took by any chance since it was your ist charge

and if so had you any connections with preferred by any chance

can you pm me please

[welshperson3]

sparkie i think you might find this a interesting read,

 

interesting for all that have loans with sub prime lenders.

 

http://www.publications.parliament.uk/pa/cm200809/cmselect/cmtreasy/766/766we10.htm#note41

[Guest blackie]

Has anyone ever heard of The Property Service Partnership. They have phoned me to offer counselling, (so they say, instructed by Swift) Really worried about who this company are?

[lesterlass]

Sparkie,

Have just sent you an email........would be grateful for your help

 

LL

[Killerschick]

Hi Sparkie in your last reply to my thread on the 30th July which I am only getting to reply to now you say that you were just back from Northern Ireland. Could you please point me in the direction of someone who could help me in Northern Ireland as that is where I am from. At the minute I am awaiting a response from Swift with regards to the figures I provided them in which I have calculated that I have been overcharged by nearly £17,500.00. In their last correspondence to me on the 9th July 2010 they said that they would have their investigation finished and a reply to me by the 20th August 2010. I also looked up on the OFT registrar for the company who sold me the mortgage who was First Class Mortgages and they do not appear on the registrar. I understand that they went out of business in January 2007 according to Swift. Grateful for any help

 

Hi Cas,

 

'Went out of business' is putting it mildly:-

 

Broker banned for not disclosing conviction

 

8 January 2007

 

By Robyn Hall

 

A broker who failed to disclose a previous conviction for conspiracy to obtain property by deception has been banned by the Financial Services Authority.

 

John Lepine, a director of Barking-based specialist intermediary First Class Mortgages, is thought to be one of the first individual industry practitioners to have a 'prohibition order' imposed on them by the regulator.

The ban, which came into force on December 22 2006, prohibits Lepine from performing any function in relation to any regulated activity. First Class Mortgages is a sub-prime specialist, originating about £180m of mortgage and secured loans business for its lender panel.

Lepine, who is a co-owner of the company, was given a three-year jail sentence in November 1989 at the Inner London Crown Court after being found guilty of conspiracy to obtain property by deception. The Court of Appeal ratified his conviction in 1990.

 

 

 

At his appeal hearing, Lepine was described as committing "a serious fraud of a kind which does the City great harm". The offence took place during a period when Nomura Bank International employed Lepine as a foreign exchange trader.

Yet despite serving a jail term, Lepine failed to declare his conviction to the FSA when First Class Mortgages applied to be a directly authorised firm in 2004.

According to the FSA, Lepine also failed to disclose his conviction on other occasions. When asked if he had made full disclosure of his conviction in applying for a licence under the Consumer Credit Act, Lepine confirmed that he had not.

The Office of Fair Trading has confirmed to Mortgage Strategy that it is conducting its own investigation into First Class Mortgages and is currently considering its credit licence.

In its final notice to Lepine, the FSA says: "The prohibition order arises from Mr Lepine's conduct while employed by Nomura Bank International. Mr Lepine was convicted on November 16 1989 at the Inner London Crown Court of conspiracy to obtain property by deception and received a custodial sentence.

"When we asked Mr Lepine about the non-disclosure of his conviction, he gave an account of the matter which does not accord with either the offence for which he was convicted, nor with the terms of the judgment of the Court of Appeal."

Industry insiders are not surprised by the developments. They describe Lepine's case as a time bomb that is set to blow up in the industry's face.

The owner of one of the UK's biggest brokerages, who wished to remain anonymous, says: "John Lepine is the tip of the iceberg. The industry knows it. So does the FSA.

"I am aware of enquiries that are underway into the affairs of other prominent people in the industry who may have had momentary memory lapses when they were applying for authorisation."

Lepine was unavailable for comment when Mortgage Strategy contacted the Barking offices of First Class Mortgages.

In an attempt to defend the non-disclosure of his conviction, Lepine told the FSA that he "had a moment of denial". He also said that he was concerned that if he did not receive authorisation "First Class Mortgages may close and up to 60 employees may lose their jobs". However, a spokesman for the FSA says the ban is indefinite and Lepine, after a period of time, will be able to reapply for authorisation if he can prove he is a fit and proper person.

 

 

The OFT then revoked the licences of First Class Mortgages Limited and was minded to revoke that of First Class Loans Limited but the company surrendered it.

You can still find details of the historic FSA permissions and OFT licences on the relevant registers. These are the OFT entries:-

 

Licence Number:0468554

Licence Status:Terminated (Licence) on 26/04/2007

 

Current Applicant / Licensee:

 

Business NameCompany Registration NumberFirst Class Mortgages Limited3757385

 

Licence Notes:

 

EvtStageOpen DateNotes6Determined To Revoke28/03/2007 6Minded To Revoke24/01/2007

 

Categories:

 

Consumer credit Consumer hire Credit brokerage Credit reference agency Debt adjusting/counselling Debt collecting

 

Right To Canvass Off Trade Premises:Yes

 

 

Trading Name(s) (Current):

 

Mortgage Repairer Mortgages 4 Poor Credit Rescueremortgage Rescueremortgages

 

Issued Date: 21-May-1999

 

 

Legal Formation:

 

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

 

NameDate of BirthPositionGlyn Bradley Davies16-Jul-1959OFFICERJohn Stanley Lepine03-Jun-1953OFFICER

 

Historic Individuals that run the organisation:

 

NameDate of BirthPositionGlynn Bradley Davies16-Jul-1959OFFICER

 

Nature of Business:

 

Mortgage Brokers

 

Current Address(es):

 

Address TypeAddressPrincipal Place Of Business6th Floor Crown House, Cambridge Road, Barking, Essex, IG11 8HGRegistered Office6th Floor Crown House, Cambridge Road, Barking, Essex, IG11 8HG

 

Historic Address(es):

 

Address TypeAddressRegistered Office1-6, Clay Street, London, W1H 3FSRegistered OfficeSuite 15, 78, Marylebone High Street, London, W1U 5AP

 

and

 

Licence Number:0532363

Licence Status:Surrendered on 15/02/2007

 

Current Applicant / Licensee:

 

Business NameCompany Registration NumberFirst Class Loans Limited4140259

 

Licence Notes:

 

EvtStageOpen DateNotes2Minded To Revoke24/01/2007

 

Categories:

 

Consumer credit Consumer hire Credit brokerage Credit reference agency Debt adjusting/counselling Debt collecting

 

Right To Canvass Off Trade Premises:No

 

 

Issued Date: 15-Feb-2003

 

 

Legal Formation:

 

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

 

NameDate of BirthPositionGlyn Bradley Davies16-Jul-1959OFFICERJohn Stanley Lepine03-Jun-1952OFFICER

 

Current Address(es):

 

Address TypeAddressPrincipal Place Of Business8th Floor, Crown House, Cambridge Road, Barking, Essex, IG11 8NLRegistered Officec/o Shelley & Co, Suite 15, 78 Marylebone High Street, London, W1V 5AP

 

 

 

 

While this is the FSA entry:-

 

303060 - First Class Mortgages Limited

Current status:No longer AuthorisedEffective Date:09/01/2007Tied Agent:Undertakes Insurance Mediation:Registered under Money Laundering Regulations:Address:6th Floor

Crown House

Cambridge Road

Barking

Essex

IG11 8HG

Phone:

Fax:

Email:

Website:

44 020 8709 1361

44 0870 060 4001

[email protected]

www.fcml.co.uk

And this is the FSA info about the individuals involved:-

 

JCB01233Mr Jonathan Charles Bayly InactiveGBD01013Mr Glyn Bradley Davies InactiveJSL01074Mr John Stanley Lepine BannedJEM01185Mrs Jacqueline Elizabeth Merrigan InactiveLXG01176Mrs Louisa-Jane Sutton Inactive

[frettful38]

Hi sparkie hope your doing well and getting far in your battles. I was reading this judgment below and am I right in believing that the Defendant won his case using the s140 unfair relationship argument. I don't know if it is of any relevance but I did find it interesting reading and wandered if there was anything in this judgment that we could use....if not then no probs.

 

http://www.courtsni.gov.uk/NR/rdonlyres/A9E4F3E5-1BA0-4AC1-94FE-3CCB4FC46664/0/j_j_2010NIMaster2Final.htm

[cas14]

thank's Sparkie their dead line is tomorrow will see what they say and if I get no satisfaction going to speak to a barrister I know to see who is the best to help me in this field, Also will send my application to the financial ombudsman. Will let you know what reply I get back.

Edited August 19, 2010 by cas14

[cas14]

thank's sparkie for your help. There deadline is tomorrow so I will let you know how I get on. If I get no satisfaction I am going to the Financial Ombudsman and also going to speak to a barrister I know to get their opinion on it.

[lesterlass]

Sparklle has been veiwing for a long time this morning??

[lesterlass]

Interesting reading

 

http://www.publications.parliament.uk/pa/cm200910/cmselect/cmtreasy/478/47817.htm

 

LL

[Sparkie1723]

Just to let peeps know what such a bombastic arrogant firm we are dealin with .As if you don't know already They have rejected my CPR 31.16 request completely..........so as it is information related I have sent a copy of it along with other docs to the ICO case worker......he already knows whats going on.

sparkie

Edited August 21, 2010 by Sparkie1723

[lesterlass]

Hi Sparkie

 

I have emailed you.........would you have a look when you have a moment

 

Thanks

LL